Drug and Alcohol Testing Programs Clause Samples
The Drug and Alcohol Testing Programs clause establishes the employer’s right to implement and enforce procedures for testing employees for drug and alcohol use. Typically, this clause outlines when testing may occur, such as pre-employment, randomly, or following workplace incidents, and describes the consequences of positive test results, which may include disciplinary action or termination. Its core function is to promote a safe and compliant work environment by deterring substance abuse and ensuring that employees are fit for duty.
Drug and Alcohol Testing Programs. Consistent therewith, the following is a summary of the collection and reporting procedures utilized in connection with drug and alcohol testing. For a full explanation of the procedures, review 49 CFR Part 40, a copy of which will be made readily available to any covered employee upon request.
Drug and Alcohol Testing Programs. This Article contains the procedures and arrangements for drug and alcohol testing of employees and applicants as required by Executive Order 12564 and Omnibus Transportation Employee Testing Act of 1991 as amended (Public Law 102-143). The testing program will be administered in compliance with Public Law 100-71, and the Health and Human Service (HHS) Mandatory Guidelines, and the Department of Transportation Regulations, 49 CFR Parts 382 and 40, USDA Department Regulation (DR) ▇▇▇▇-▇▇▇-▇, and the USDA Plan for a Drug Free Workplace. • Marijuana (dope, herb, pot, hashish, hash, grass, weed, smoke) – A frequent user of marijuana will remain positive for 3-4 weeks after the last use of the drug. Prescriptions for medical marijuana will not be accepted as justification for a positive test for marijuana. • Cocaine (coke, crack) – Cocaine use generally can be detected within 24-48 hours of use. • Phencyclidine (PCP, angel dust) • Opiates (heroin, morphine – “designer drugs”) • Opioids - Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone (OxyContin, Vicodin, Percocet, Dilaudid) • Amphetamines (speed, bennies, uppers, methamphetamine) • Alcohol (testing only under DOT regulations): Blood alcohol content, above 0.04 as determined by breath testing, shall be deemed a positive test.
1. Identification of Test Designated Positions (TDP): Management has the right to designate positions for applicant and random drug and alcohol testing (Test Designated Position or TDP).
A. TDPs shall be only those positions that have duties and responsibilities documented in the position description, reflecting the assignment of actual work, which make the position subject to applicant and random testing. National Parties may agree to documentation other than the Position Description to identify TDPs. Employees may be designated for testing by:
1. Executive Order TDPs. Positions listed in Appendix A of the USDA DR4430-792-2, and/or
2. Department of Transportation TDPs. Position descriptions that include the operation of vehicles requiring the possession of a Commercial Driver’s License (CDL) are designated as TDPs. The Forest Service will not apply state CDL testing exemptions available under Department of Transportation (DOT) regulations; that is, USDA and Forest Service testing requirements take precedence over any State or local laws to the contrary.
B. Changes to Existing Positions: Management will notify an employee of any change in their TDP status. If an employee’s position is n...
Drug and Alcohol Testing Programs. 1. The Policy related to Drug and Alcohol testing is contained in AFI 44-107.
2. The only method of testing for illicit drug use shall be by urinalysis.
3. The agency shall have three testing types:
a. Tentative selectee (New Hires)
b. Random testing of employees in Testing Designated Positions (TDP)
c. Reasonable Suspicion Testing
4. Test Designated Positions (TDP) are identified in AFI 44-107, Attachment 3 and dated April 7, 2010. Any new positions added to the AFI 44-107 will require negotiations per Article 11